Bicycles, electric bicycles, and electric scooters have become increasingly common on New Jersey roads, bike paths, and shared-use areas. While these forms of transportation provide an economical and convenient way to travel, riders face significant risks because they have little protection when involved in a collision.
Understanding New Jersey’s bicycle and e-scooter laws is important not only for preventing accidents, but also for protecting your legal rights when someone else’s negligence causes an injury.
Bicycle Safety in New Jersey
New Jersey law generally gives bicyclists many of the same rights and responsibilities as motorists when riding on a roadway. Bicyclists are required to obey applicable traffic laws and generally must ride in the same direction as vehicular traffic.
Safety begins with visibility and predictability. Bicyclists should use appropriate lighting and reflective equipment, particularly when riding at night. New Jersey law requires bicycles operated at night to have a white front headlamp visible from at least 600 feet and a red rear lamp visible from at least 600 feet. Bicycles must also have an appropriate braking system and an audible device, such as a bell.
Helmet use is another important safety measure. New Jersey requires anyone under 17 years of age who rides a bicycle to wear a properly fitted and fastened helmet meeting applicable safety standards. Even when not legally required, wearing a helmet is an important precaution for riders of every age.
Motorists also have an obligation to exercise caution around bicyclists. New Jersey’s Safe Passing Law establishes specific requirements for motorists approaching bicyclists and other vulnerable road users. A driver who fails to yield, follows too closely, drives while distracted, or otherwise operates a vehicle negligently may be responsible for injuries caused by a collision.
Electric Scooters in New Jersey
Electric scooters present many of the same risks as bicycles, but their motorized operation creates additional legal considerations.
New Jersey defines a low-speed electric scooter as a scooter with a floorboard, handlebars, and an electric motor capable of propelling the scooter at a maximum speed of less than 19 miles per hour. Under New Jersey’s regulations, low-speed electric scooters may generally be operated on public streets, paved bikeways, shared-use areas, and certain other permitted locations, although municipalities may impose additional restrictions.
A helmet is required for riders 16 years of age and younger. Regardless of age, however, wearing a properly fitted helmet is strongly recommended.
Riders should also inspect their scooters before operating them. Brakes, tires, handlebars, and lights should be checked regularly. Because scooters have relatively small wheels, potholes, cracks, uneven pavement, debris, and other roadway defects can cause a rider to lose control or be thrown from the scooter.
Who May Be Responsible for a Bicycle or E-Scooter Accident?
Determining responsibility after a bicycle or scooter accident requires looking at the circumstances of the crash.
A negligent motorist may be responsible when a driver fails to yield, turns into a cyclist, speeds, drives while distracted, or violates New Jersey traffic laws. However, other parties may potentially share responsibility depending upon the circumstances.
For example, a claim may involve a municipality or other property owner when a dangerous condition contributed to the accident. A defective scooter or bicycle component could potentially result in a product-liability claim. In the case of a rental scooter, questions may also arise concerning maintenance, inspection, warnings, or the condition of the equipment.
Importantly, an injured rider should not assume that a violation of a bicycle or scooter rule automatically prevents recovery. New Jersey personal-injury cases require a careful examination of the facts, including the conduct of each party and whether that conduct contributed to the accident.
Common Injuries From Bicycle and E-Scooter Crashes
Because riders have little physical protection, even a relatively low-speed collision can result in serious injuries. Common injuries include:
- Traumatic brain injuries and concussions;
- Facial and dental injuries;
- Broken bones and fractures;
- Road rash and other soft-tissue injuries;
- Spinal and back injuries;
- Shoulder, knee, and other orthopedic injuries; and
- Permanent disabilities or limitations.
The consequences can extend well beyond the initial medical treatment. An injured rider may face continuing medical expenses, lost wages, rehabilitation costs, and limitations on the ability to work or participate in normal activities.
What to Do After a Bicycle or E-Scooter Accident
If you are injured in a bicycle or e-scooter accident, seek appropriate medical attention and report the accident when required. If you are physically able, document the scene with photographs and obtain the contact and insurance information of any involved motorists or witnesses.
Do not assume that an insurance company will automatically protect your interests. Insurance companies may dispute how an accident occurred, the severity of an injury, or the amount of compensation an injured person is entitled to receive.
An attorney can investigate the circumstances of the accident, identify potentially responsible parties, preserve evidence, review applicable New Jersey laws and ordinances, and pursue compensation for medical expenses, lost income, pain and suffering, and other damages where legally appropriate.
Protect Yourself on New Jersey Roads
Whether riding a bicycle or an electric scooter, safety starts with visibility, proper equipment, defensive riding, and compliance with New Jersey traffic laws. At the same time, motorists have a responsibility to share the road safely with cyclists and other vulnerable road users.
If you or a family member has been seriously injured in a bicycle or e-scooter accident because of another person’s negligence, it is important to understand your legal rights before accepting an insurance settlement or making statements that could affect your claim.
If you have been injured in a bicycle or e-scooter accident in New Jersey, speaking with an experienced personal-injury attorney can help you understand your options and determine whether you may be entitled to compensation.
